If someone just assumes that you stole their computer then the police will not have probable cause and the judge will not sign the arrest warrant unless he lies and says he saw you take the computer. Even if he does that it would be suspicious and they would ask him why he did not follow you or call the police at that time. They will realize that he was making a false report and arrest him.

A person's word may be enough evidence. Fortunately, you do not have the burden of proving your own innocence. Instead the state has the burden of proving guilt beyond a reasonable doubt. If the state fails to do so, regardless of whether you present any evidence, then the law requires a not guilty verdict.

You cannot prove a negative, you may have to go to trial. You can be arrested on Probable Cause. If it is a felony, ask for a preliminary, and the friend will have to prove he even had a laptop. You have to have some evidence. Your friend's statements to police are evidence.

A person can be arrested for a crime if the police have probable cause that a crime has been committed. A prosecutor can only file a formal charge if there is proof beyond a reasonable doubt that the crime was committed. Testimony of a victim is evidence if believed by the police and prosecutor.

The better question is how can he and/or the police prove that you did. If you are under investigation or if charges have already been filed, retain an attorney immediately to represent you. Under no circumstances should you speak to the police or anyone else without an attorney present.

You don't have to prove your innocence. The government must prove your guilt beyond a reasonable doubt. "Proof" is what a jury believes. Whether or not they are convinced you did anything depends on all the facts. It sounds like you're just accused and not charged. Keep your mouth shut and this will probably blow over. If you are contacted by the police, decline to make any statements until you consult with an attorney. If you're charged, get that attorney.

The friend can make a police report. The police can then investigate to determine if there is enough evidence to get an arrest warrant for you. They then turn that over to the prosecutors office and they have to authorize it. If charges are brought against you and you are arrested or are issued a ticket you will want legal representation to defend you in court.

The question should be, how can your friend prove that you stole the computer? If the authorities get a warrant to search your premises, I would allow them to search, but it is one's word against the other, which in my opinion is not sufficient proof. If arrested, hire a good defense attorney who can review all the evidence against you, and determine the best resolution of the case, although I doubt you will be chagred in the first place.

In a criminal matter, the prosecutor has the burden of proof. This can be done through several different forms of evidence (including testimony from witnesses). Also, a city attorney or district attorney would be the one to press criminal charges. Your friend can report the issue to the police, who may then turn over to the prosecutor...who will then decide whether or not they have enough proof to make a case. From what you posted, it doesn't sound like they do.

As a defendant in a criminal case, you are innocent until proven guilty. They have to prove that you stole the lap top; however, if charges are filed, there would have to be some kind of supporting evidence.

The mere statement of wrongdoing, if believed, can be enough to ope an investigation and perhaps the filing of charges. That is not the same a s a convction. A witness statement,if believed, is sufficient to obtain a conviction. You do not prove a lack of guilt, the prosecution must prove that you are.

You don't have to prove anything. When you are charged with a crime, the burden of proof is entirely on the accuser. If you have actually been charged, then you should hire a lawyer to represent you. If you can't afford one, then you should go to your court date and ask the judge to appoint the public defender to represent you.

CAN police and prosecutors charge you? Of course. And they will if they think they can convict you. No one can ever prove they are innocent. The best you can hope for is the prosecutor not being able to prove you guilty.

You got that backwards, hoss. The cops have to get proof that you took it. Someone saying you took it without saying they saw you take it is pretty poor proof. My suggestion: When the cops call tell them that you will not interview with them because you are asserting your 5th Amendment rights and that you want to have a lawyer present. They will say "if you have nothing to hide, why not talk to us?" the answer is, the only reason they're talking to you is that they don't have enough evidence on their own to arrest you. No matter what you say, they can trick you into saying something suspicious which can justify an arrest.

In answer to your first question, you should not be arrested without any evidence. However, the testimony of another is still evidence which could lead to your arrest. The answer to your second question is, you don't have to prove anything. The DA has the burden to prove you committed a crime, you do not have to prove your innocence.

Testimony - what witnesses say - is evidence. Most cases are based solely on testimony. If your 'friend' continues to claim that you stole something, it is possible that charges could be filed against you. If such a case is based solely upon one person's word, particularly a situation like yours, it is unlikely that the D.A. or police would have much interest in it. Of course, this depends upon what other evidence your 'friend' may have.

Do not make any statements upon arrest just tell the police I want a lawyer - no matter what do not consent to any searches just say I want a lawyer get a lawyer it is the prosecution job to prove beyond a reasonable doubt that you stole the laptop - if you had nothing to do with it, what could you say other than I do not know what you are talking about. do not fall into the trap of trying to prove your innocence - it is impossible just say I want a lawyer.

If your friend called the police, but there is no evidence against you, the police might not file a report against you with the District Attorneys Office. If a police report was filed, the DA might decide not to file charges against you because there is no evidence. If the DA files charges against you, you will have an opportunity to be heard before the Court by going to trial. I would be cautious about what you tell the police if they want to talk to you. What you say can be used against you in a court of law. If you seek private counsel, we provide free consultations and reasonable payment plans.

A defendant is not required to prove his innocence. Instead, the State is required to prove guilt beyond a reasonable doubt. If your friend is accusing you of stealing his laptop, but has no evidence that you did so, chances are good the DA won't take the case. I think you need a new friend.

No. There has to be evidence. Have you had possession of his laptop? Did he give it to you? Evidence as to be place before a jury proving beyond any reasonable doubt that you intentional stole someone else's possession. More is needed than he said yes and she said no.

Generally, prosecutors and police do not like to file charges without more evidence than your friend's mere suspicions. However, prosecutors have made odd choices before. Unless more evidence emerges, you are unlikely to be convicted.

As a defendant it is not your job to prove anything. The state carries the burden of having enough evidence to charge, try and convict you. You should hire an attorney to challenge the sufficiency of the evidence against you.

You don't have to prove anything. You are presumed innocent and the burden of proof rests with the prosecution. However, if your "friend" is willing to testify that you stole his computer, that testimony is evidence. Whether or not it amounts to proof beyond a reasonable doubt depends on many factors. If you have been charged, you need a lawyer to help you fight this case.

You cannot prove that you did not steal it, because you cannot prove a negative. After your "friend" provides documentation to authorities that he did in fact once own a laptop, you might be arrested. At that time, you will have to think up a reason that "your friend" would lie and have you arrested.

First of all, law enforcement would have to be notified. Then the police would have to investigate. If you didn't take it, you should be able to show that you didn't have means, motive or opportunity. Beyond that, remain silent and hire an attorney of the police get involved.

If there is truly no evidence, the charges should be dismissed. If it is a fact that there is "no evidence," the charges should never be brought. However, what should not happen sometimes does because prosecutors sometimes, although extremely rarely, file charges before they are fully informed of all the facts. You are never under any obligation whatsoever in a criminal case to prove your innocence. You are innocent until proven guilty. The State has the burden of proving each and every element of the offense against you and you have an absolute right to remain silent, with no unfavorable inferences drawn from the fact that you remain silent. No one is every found "innocent" in our system of justice; they are found *guilty* because the State has met its burden of proof, or *not guilty* because the State has failed to prove all of the elements of the offense beyond a reasonable doubt.

Your friend's accusation is evidence! You don't need to prove anything. You just need to exercise your right to remain silent, because once the authorities decide you did it, no matter what you say it will be twisted around to incriminate you. So, speak not a word unless it is to your attorney.

You are presumed innocent. That means, if the prosecutor decides to charge you with the theft, they will have to prove it "beyond a reasonable doubt." But, yes, you can be charge. People are charged for things they did not do all the time. Hope this helps.

You don't have to prove you did not steal it. The prosecutor has the burden of proving you did. If there is no evidence to support a conviction beyond a reasonable doubt, then you either won't be charged or if you are, a conviction may be extremely difficult to obtain. Assert your denial if charged and consult an attorney.

Evidence comes in many different varieties. For example evidence can be given through eyewitness testimony, physical evidence, forensic evidence, expert testimony or a case can be proven by circumstantial evidence. You do not have to prove anything, you are presumed innocent and the State must prove if they can the charges against you beyond a reasonable doubt.

If you are charged, you are presumed innocent + the prosecutor has to prove the case against you, you do not have to prove you didn't do it. Your friends statements + observations may or may not be sufficient. Hire an experienced criminal defense lawyer.

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